Taxi Driver Online

Legal notes and definitions

C[51.2]

Passenger vehicles carrying more than eight passengers. These vehicles and some taxis and ambulances must be tested after one year.

C[51.3]

Motor vehicle.

C[51.4]

Road. Means any highway (including footpaths and bridleways) and any other road to which the public has access and includes bridges.

C[51.5]

Using. This does not in law only mean driving a vehicle along a road; its mere presence on a road, even in a useless condition may constitute using (Pumbien v Vines [1996] RTR 37, [1996] Crim LR 124). The test is whether steps had been taken to make it impossible for a driver to drive the vehicle. Where doubt exists consult the legal adviser. A person, limited company, a corporate body which owns a vehicle that is driven in the course of the owner's business is using the vehicle. See C[9.4].

C[51.6]

Causing. This implies some express or positive mandate from the person causing the vehicle to be used; or some authority from him and knowledge of the facts which constitute the offence.

C[51.7]

Permitting. This includes express permission and also circumstances in which permission may be inferred.

C[51.8]

If the defendant is a limited company, it must be proved that some person for whose criminal act the company is responsible permitted the offence. A defendant charged with permitting must be shown to have known the vehicle was being used or that he shut his eyes to something that would have made the use obvious to him.

C[51.9]

Examples of exempted vehicles include:

Goods vehicles the design gross weight of which exceeds 3,500 kg.

Motor tractors.

Articulated vehicles, and their several parts.

Works trucks.

Pedestrian-controlled vehicles.

Invalid vehicles.

Some taxis.

Certain vehicles from abroad and Northern Ireland only here temporarily.

Vehicles en route for export.

Agricultural motor vehicles.

C[51.10]–C[51.15]

Examples of exempted uses include:

*
(a) that by a previous arrangement the vehicle was being used for the purpose of taking it for a test or for bringing it back from a test (Williams v Richards (1997) Times, 29 July);
*
(b) that the examiner or a person under his personal direction was using the vehicle in the course of or in connection with a test;
*
(c) that following an unsuccessful test the vehicle was being used by being towed to a place where it could be broken up; or
*
(d) that by a previous arrangement the vehicle was being taken to or from a place where it was to be or had been taken to remedy defects on the ground of which a test certificate had been refused.

C[51.16]

The defendant need not prove either kind of exemption (ie exempted vehicle or exempted use) beyond reasonable doubt; he need only prove this defence is probably true.

C[51.17]

Renewal of certificate. A certificate lasts for one year. Within one month from the expiry of the certificate, the vehicle may be retested and a further certificate issued to commence on the expiry of the existing certificate.
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Traffic Signs

Charge

C[52.1]

Failing to comply with the indication given by a traffic sign

Road Traffic Act 1988, s 36

Maximum penalty - Fine level 3 (for fines see B[33]). Endorsement and disqualification can only be ordered if the vehicle was a motor vehicle and the traffic sign was one of the following: Stop, Traffic Lights (including portable traffic lights and green filter arrows), No Entry Sign or Double White Lines. For these signs disqualification can be for any period or until the accused has passed a driving test. Must endorse for these signs unless there are special reasons.

Endorsement and disqualification also apply to drivers of 'abnormal loads' at railway level crossings who fail to phone the signalman before crossing and to drivers of vehicles which contravene relevant height restrictions.

Penalty points - 3 (only for endorsable offences).

Fixed penalty - £60 (endorsable offences); £30 (otherwise).
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Traffic lights

Legal notes and definitions

C[52.2]

It is not a defence that the sign was not seen.

C[52.3]

The defendant can only be convicted if at the time of the offence he was warned of possible prosecution, or a summons or a notice of intended prosecution was served within 14 days upon the registered owner of the vehicle. It will be presumed that this requirement was complied with unless the contrary is proved by the defendant on the balance of probabilities.

C[52.4]

The offence applies to all vehicles including pedal cycles and is not limited to mechanically propelled vehicles.

C[52.5]

Even wheeling a pedal cycle in contravention of the sign is an offence.

C[52.6]

A traffic sign. This is presumed to be of correct size, colour and type unless proved to the contrary by the defence.

C[52.7]

Automatic traffic lights are presumed to be in proper working order unless the contrary is proved by the defence.

C[52.8]

Traffic lights. It is an offence if any part of the vehicle crosses the 'stop' line when the light is red, for example, if the front part of the vehicle is already over the line and the light turns red an offence is committed if the rear part of the vehicle then crosses the line with the light still at red.

C[52.9]

Double white lines. It is an offence to overtake or park in contravention of double white lines in the middle of the road. There are certain exceptions, however, such as passing a slow moving road sweeper or a taxi stopping to allow a passenger to alight or board. Ask the legal adviser for details.

C[52.10]–C[52.15]

A road. Means any highway (including footpaths and bridleways) and any other road to which the public has access and includes bridges.

C[52.16]

Signs to which the offence applies. These include:

Emergency traffic signs placed by a constable on the instructions of a chief officer of police.

1 Stop at major road ahead.

Give way at major road ahead.

Stop one way working.

1 No entry.

Arrow indicating direction to be followed.

Arrow indicating keep left or right.

1 Red light including portable light signals and at automatic level crossings.

1Double white lines.

Keep left dual carriageway.

Turn left at dual carriageway.

1 Drivers of 'abnormal loads' at railway level crossings.

1 Prohibition on vehicles exceeding specified height.

1 Green arrow traffic signals.

No 'U' turn.

Mini roundabout sign.

1 Only these offences qualify for endorsement and disqualification. See reg 10 of the Traffic Signs Regulations and General Directions 2002.
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